Cite and release a worthy policy

Possession of less than 4 ounces of marijuana would result in a citation, not arrest, under a pilot program being launched in Bexar County.

Possession of less than 4 ounces of marijuana would result in a...

Bexar County law enforcement is on the right path allowing those suspected of low-level, nonviolent crimes to receive a citation and appear before a judge at a later time instead of being taken straight to jail.

A pilot program that would allow law enforcement officers to write those accused of some misdemeanor crimes, including possession of 4 ounces or less of marijuana, a ticket was announced at a news conference recently by Bexar County District Attorney Nico LaHood.

A law signed in 2007 allows peace officers to issue a citation to such suspects. The cite-and-release program for misdemeanors is being used in several other jurisdictions and has been under study by Bexar County officials for two years.

It has the support of County Judge Nelson Wolff and Sheriff Javier Salazar.

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The start date for the pilot program has not been set. LaHood said some details are still being worked out. At the end of the pilot, the program could be tweaked for improvement or dismantled if found ineffective, LaHood said.

Jail stays are often minimal for first-time, nonviolent offenders who are charged with the lowest level of misdemeanor crimes, but it is a time-consuming process.

Suspects must go before a magistrate to get formally charged. They are then booked into jail, and while most qualify for a personal recognizance bond, the process can take several hours.

Under the pilot program, officers will have the discretion to issue a citation or arrest those suspected of Class A and B possession of marijuana. Other Class B misdemeanors for which a ticket can be issued include criminal mischief, theft, theft of service and driving while a license is invalid.

When answering a summons to appear before a judge on a citation, offenders will have the opportunity to attend a class, pay a fine and perform community service, and avoid a criminal charge that could result in higher fines and jail time.

The program offers an opportunity for cost savings at many levels. It will cut down on jail-bed use and reduce the caseload in the overburdened county court system.

County Clerk Gerry Rickhoff estimated the change in policy could reduce county court-at-law caseloads by as much as 10 percent. In 2016, 2,477 people were arrested in Bexar County for possession of 2 ounces or less of marijuana, the Express-News reported.

The program also affords the accused an opportunity to avoid a jail record that could haunt them the rest of their lives when applying for jobs or undergoing a background checks to volunteer at their child’s school.

A misdemeanor theft conviction is considered a crime of moral turpitude, and can make a person ineligible for certain state licenses and jury service.

“We have to balance community safety, fiscal responsibility for taxpayers and opportunities for the citizens accused,” LaHood said. “When utilized, this program will allow officers to stay on our streets and continue to protect our community, help reduce the burden on our criminal justice system and, at the same time, allow the citizens accused an opportunity to learn from a poor choice without having the stigma of an arrest over their head.”

We urge all municipalities in Bexar County to participate in the pilot program.

Proper peace officer training to ensure the new policy is applied in a just and equitable manner will play a crucial role in its success.